Tender Dossier (PDF) - eulex
Tender Dossier (PDF) - eulex
Tender Dossier (PDF) - eulex
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- any necessary modifications to the programme of implementation of the tasks or to<br />
any of the Contractor's obligations under the contract;<br />
- any adjustment to the contract price in accordance with the rules set out in Article 22.<br />
22.5 Following the receipt of the Contractor's submission referred to in Article 22.4, the<br />
Project Manager shall, after due consultation with the Contracting Authority and, where<br />
appropriate, the Contractor, decide as soon as possible whether or not the variation<br />
should be carried out. If the Project Manager decides that the variation is to be carried<br />
out, he/she shall issue an administrative order stating that the variation is to be made at<br />
the prices and under the conditions given in the Contractor's submission referred to in<br />
Article 22.4 or as modified by the Project Manager in accordance with Article 22.6.<br />
22.6 The prices for all variations ordered by the Project Manager in accordance with Articles<br />
22.3 and 22.5 shall be ascertained by the Project Manager in accordance with the<br />
following principles:<br />
- where the task is of similar character and implemented under similar conditions to an<br />
item priced in the budget breakdown, it shall be valued at such rates and prices<br />
contained therein;<br />
- where the task is not of similar character or is not implemented under similar<br />
conditions, the rates and prices in the contract shall be used as the basis for valuation<br />
in so far as is reasonable, failing which a fair valuation shall be made by the Project<br />
Manager;<br />
- if the nature or amount of any variation relative to the nature or amount of the whole<br />
of the contract or to any part thereof is such that, in the opinion of the Project<br />
Manager, any rate or price contained in the contract for any item of work is by reason<br />
of such variation rendered unreasonable, then the Project Manager shall fix such rate<br />
or price as he/she thinks reasonable and proper in the circumstances;<br />
- where a variation is necessitated by a default or breach of contract by the Contractor,<br />
any additional cost attributable to such variation shall be borne by the Contractor.<br />
22.7 On receipt of the administrative order requesting the variation, the Contractor shall<br />
proceed to carry out the variation and be bound by that order in so doing as if such<br />
variation were stated in the contract. The supplies shall not be delayed pending the<br />
granting of any extension of implementation period of tasks or adjustment to the contract<br />
price. Where the order for a variation precedes the adjustment to the contract price, the<br />
Contractor shall keep records of the costs of undertaking the variation and of the time<br />
expended thereon. Such records shall be open to inspection by the Project Manager at all<br />
reasonable times.<br />
22.8 Contractual variations not covered by an administrative order must be formalised<br />
through an addendum to the contract signed by all parties. Changes of address or bank<br />
account may simply be notified in writing by the Contractor to the Contracting<br />
Authority. Any contractual variations must respect the general principles defined in the<br />
Practical Guide to contract procedures for EU external actions.<br />
Article 23 – Suspension<br />
23.1 The Project Manager may, by administrative order, at any time, instruct the Contractor to<br />
suspend:<br />
a) the manufacture of the supplies; or<br />
b) the delivery of supplies to the place of acceptance at the time specified for delivery in<br />
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